A Legal Guardian Can Create a Trust for the Benefit of a Minor Child
Question A parent dies with a large estate and leaves behind a minor child(ren). The decedent was divorced when he/she died. How can the …
Gifts, Wills, and Guardians: A Case Study (Part 3 of a 3-Part Post)
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney So far, in my last two blog entries, I have discussed the fight over …
Gifts, Wills, and Guardians: A Case Study (Part 2 of a 3-Part Post)
In my last blog, I started talking about the case of In re Cohen, which focused on the issue of a guardian making gifts …
Can You Exclude Your Ex-Spouse as the Guardian for Your Children After Separation/Divorce in Your Will/Trust?
A client was referred to me by another attorney. She was the victim of domestic abuse and is currently in the process of getting …
Gifts, Wills, and Guardians: A Case Study (Part 1 of a 3-Part Post)
A judgment of incapacity has legal significance in our judicial system. The appointment of a guardian confers such power and responsibility onto this person …
Can a Trustee of a New Jersey Trust Just Quit or Resign?
You may be wondering what the procedure is for relinquishing duties as a trustee and appointing a replacement trustee. In short, the requirements for …
Can a Person With Alzheimer’s or Advanced Dementia Legally Sign a Last Will Before Death?
If an adult in NJ is legally incompetent and does not have an existing Last Will, is there a process for having a Will …
What to Do When the County Surrogate Tells You That You Must Go to Court With a Gift to a Minor(s)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a NJ Trust Attorney Here’s a common scenario. A will bequeaths $5K ($5,000) to an infant …
USING A LIVING TRUST IN NEW JERSEY TO PROTECT YOU IN THE CASE OF INCAPACITY
By Fredrick P. Niemann, Esq. a New Jersey Trust Attorney A Revocable Trust can provide for the continuous investment and administration of your assets …
WHAT IS A REVOCABLE TRUST IN NEW JERSEY?
First, let’s begin with a short and simple discussion of what is a trust and how it works: A trust is a form of …
WHAT HAPPENS IF THE TESTATOR LEAVES YOU SOMETHING IN HIS WILL BUT WHEN HE DIES, HE NO LONGER OWNS THE PROPERTY THAT HE GAVE YOU?
By Fredrick P. Niemann, Esq. a New Jersey Will Attorney Here’s a neat legal term that is seldom used. It is used in the …
SPECIAL NEEDS TRUSTS UPHELD IN RECENT FEDERAL CASE
Recently, a United States Court of Appeals decided a case involving a “special needs trusts.” A special needs trust is one of two trusts …
Factors to consider when choosing the right Trustee for Your New Jersey Living Trust
Your revocable living trust is much more than just a document that says who gets what percentage of your estate or which specific items …
Picking the Right Executor as Your Estate Fiduciary Under Your Last Will and Testament? Beware: A Wrong Decision Does Matter
When creating your last will and testament as part of estate planning, an important decision you will have to make is who to name …
The Story of a Real Life Disaster Caused by an Inadequately Written Last Will and Testament – Learn from This Mistake
Fredrick P. Niemann, Esq., a NJ Wills Attorney Several years past, a husband died leaving a last will and testament with assets, one of …
Estate Administration by the Use of the New Federal Tax Portability Option
By: Fredrick P. Niemann, Esq., a New Jersey Estate Planning Attorney This is the first part of a three part series on credit shelter …
Sorry that you’re dead but now the lack of a Trust may subject your estate to an unwanted funeral
If you are thinking about a trust, you may think of a document that provides who receives your property upon death. However, did you …
Don’t Make These Five Common Trust Mistakes
It’s easy for trustees to make mistakes. Use this simple guide to avoid the common pitfalls. Trust administration often comes down to a few …
You’re Dead but the Lack of a Will May Subject you to an Unwanted Burial
When many people think of a will, they think of a document that indicates who shall receive their property when they die. However, did …
The Different Types of Estate Taxes Associated With Your Estate in New Jersey
Did you know that there are three different types of taxes associated with death and the passing on of an estate in New Jersey? …
Who is Entitled to Receive a Copy of Your Will Upon Death?
The question of who receives a copy of the will after a death is a common one. Despite what most people think, there is …
The New Jersey Probate Process and How You Can Avoid It by Use of a Living Trust
By Fredrick P. Niemann, a NJ Trust Attorney The death of a family member can be one of the most stressful times of anyone’s …
Estate Planning for Parents of Disabled Children Involves Unique Considerations
Any parent of a disabled child is well aware of the daily challenges they are presented with. Caring for a child with special needs …
Revocable Trusts vs. Irrevocable Trusts
Knowing the basic difference between trusts can make all the difference in paying for your long-term healthcare. In New Jersey, only irrevocable trusts can …
New Jersey Courts Allow You to Challenge the Validity of a Will
The death of an aged family member is often an unfortunate, emotional time for all family members. Unfortunately, when the will is produced, sometimes …
The Benefits of Using a Trust for Future Estate & Long Term Care Planning
Passing assets to family members is something elders often do in order to access public benefits and keep their assets away from creditors. Sometimes, …
Your New Jersey Estate Plan Review Checklist Part 3
Fredrick P. Niemann, Esq., NJ Estate Planning Attorney What authority does the Trustee have to distribute the assets in the trust? Is the Trustee’s …
Your New Jersey Estate Plan Review Checklist Part 2
Fredrick P. Niemann, Esq., a NJ Estate Planning Attorney Do you own assets held in joint accounts, or where you have a named beneficiary? …
Your New Jersey Estate Plan Review Checklist Part 1
Your estate plan is an investment in you and your family’s future. As years pass, your family may grow, your assets will change, and …
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